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uicy Guimaras mangoes, aromatic kampot pepper and elaborate Lamphun brocade silk are shining examples of this region’s natural and cultural riches — and their worldwide recognition also demonstrates how ASEAN countries can gain from protecting intellectual property rights.

With the establishment of the ASEAN Economic Community (AEC) in late 2015, the nations in Southeast Asia have redoubled efforts in forging greater economic cooperation, guided by the AEC Blueprint 2025. One area of priority is intellectual property or IP as guided by the ASEAN IPR Action Plan 2016-2025.

Intellectual property rights are central to one of the AEC Blueprint’s chief goals of building a “competitive, innovative and dynamic ASEAN”. As the Blueprint notes, protecting IP rights is critical for the economic development of ASEAN states: in moving up the technology ladder, encouraging technology transfer and stimulating creativity.

By assuring businesses, entrepreneurs and creators that their ideas and works will be protected, a strong IP regime creates an ideal environment for innovation to flourish, and attract foreign direct investment.

ASEAN members are taking various measures to develop its IP regimes and infrastructure, both individually and in mutual cooperation with other countries. The ASEAN IPR Action Plan 2016-2025, part of the Blueprint, sets out four broad courses of action.

First, strengthening IP offices and building IP infrastructure. Apart from individual member states’ efforts to improve their own IP services, one ASEAN-wide measure is the development of training programs for trademarks, patents and industrial designs via the virtual ASEAN IP Academy.

Second, developing regional IP platforms and infrastructure. Member states are now connected through online services such as the ASEAN Online Patent Data Service, a regional patent database made available last August 2017.

Third, expanding the ASEAN IP ecosystem. This includes establishing a network of government offices — including IP offices, judiciary, customs and other enforcement agencies — for more effective cooperation on regional IP rights enforcement.

Fourth, enhancing support for IP creation and commercialization. Here, an important example is the use of geographical indications (GI) to protect and brand local products.

In the Philippines, the famously sweet Guimaras mangoes are an example of local produce that has achieved GI status. Lamphun silk from Thailand and kampot pepper from Cambodia are other examples of GI products which promote the distinctive identities of the regions from which they originate.

GI status provides consumers with a guarantee of origin and quality, while helping local producers achieve recognition in international markets.

This triple role — as an indicator of origin, a guarantee of quality and a method of branding — is also served by another form of IP, the trademark. Under the Trade Related Intellectual Property Rights Agreement signed by all ASEAN members, as well as the Paris Convention (signed by all members except Myanmar), trademarks are granted full protection in ASEAN, and trademark owners are ensured of their right to fully utilize their trademarks.

With the assurance provided by these protections, companies and organizations have an incentive to improve and maintain the reputation of their products. In turn, consumers benefit from having trusted manufacturers and products to rely upon.

Yet on this journey of improving the IP landscape, ASEAN member states face various challenges. Some are related to the tasks of coordination and cooperation, such as the difficulty of harmonizing IP laws across different jurisdictions, or of sharing work amongst member states.

Other challenges relate to the international IP environment in general. Global threats to IP rights include illegal activities such as piracy and counterfeiting. Such acts compromise the reliability of IP protection, exposing consumers to fraudulent and low-quality goods while depriving legitimate producers of revenue. Over time, these practices erode consumer trust and weaken the incentives for manufacturers to provide quality goods.

Authorities in the ASEAN member states have an important role in taking enforcement action against these illicit activities. Yet there are also legal and indeed regulation-driven threats to IP rights. These include onerous patent regimes in some countries which make it difficult to patent new medications, as well as regulations that impair the ability of rights holders to capitalize on their IP.

An example of a regulation that impairs the full utilization of the value of IP is plain packaging, a practice that has gained ground in neighboring Australia.

Plain packaging regulations prohibit the use of brand names, logos and product design elements associated with specific brands. In effect, they prevent manufacturers from fully utilizing their trademarks.

So far, among the 10 ASEAN countries, only Thailand has amended its existing tobacco law to authorize its public health ministry to issue implementing rules on plain packaging. The Singapore authorities are also in the midst of public consultations on this issue.

Plain packaging has been initially applied to the tobacco industry, with the aim of discouraging the purchase of tobacco products. Yet the danger of plain packaging is that, by depriving trademark owners of their IP rights, it discourages them from innovating and improving their products. This could affect the quality of even legitimate goods.

Furthermore, plain packaging makes counterfeiting infinitely easier. This harms both producers and the very consumers that authorities are obliged to protect. It can even take a toll on government tax revenues if contraband goods proliferate.

In 2015, the ASEAN Intellectual Property Association wrote to the World Trade Organization and issued a declaration calling on ASEAN member states to reaffirm their support for a full and effective implementation and protection of IP rights. We continue with this reaffirmation.

As we work towards achieving our goals under the AEC Blueprint 2025 and the ASEAN IPR Action Plan 2016-2025, we must be mindful not to hamper our own efforts through well-intentioned but potentially stifling regulations.
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The writer is president of the ASEAN Intellectual Property Association, which is organizing the 22nd annual meeting and conference in Cambodia on April 6-7.